Illegal procedures I go through all the time

[gman23]

What is the name of your state? Washington State
I just want to make this short so people would read it, instead of my last posting. I got pulled over three time last year of accused smelling of marijuana and after searching my car they didn't find nothing. But during christmas break, an off duty police officer smelled cologne on me and called an on duty cop to search my car. When the new officer came on site, the officer that pulled me over told him that he smelled too much cologne on me and that I might be covering something up. So the second officer accused me of a DUI because he said I smelled like alcohol according toward his report. I am tired of being of accused of illegal crimes so I refused all his test. So I was arrested for a DUI, even though when my dad picked me up he only smelled cologne on me. I have been trying to contact the off duty cop so he can go to trial and verify he only smelled cologne on me but it has been really hard to verify him because he was off duty.
I want to know what should I do in this situation I am in because my dad will go to court with me and tell the court he only smelled cologne on me.
Can I get some kind of lawsuit against the police officer, but I dont have a job right now so I cant afford an lawyer because I am graduating college and I was given a public defender. My public defender wants me to take the plea bargin because the court will believe the officer and not me.
What should I do?

When you refused the test, you kind of screwed up your own defense. If you had not been drinking, then you would have been able to show the court that you were not guilty.

DUI can be proven without a breath test.

If you do not think the government has a good case, tell the PD you want a jury trial.

[CdwJava]

If the off duty officer's name is in the report, then he should be easy to identify and subpoena.

As for suing the officer, as long as he made the arrest with cause - even if it was in error - then he is safe from any claim you might make. His actions would have to be contrary to the actions an officer of similar training and experience would do for there to be any real claim.

And if this cologne is causing a problem, maybe you should stop smoking the cigs and dousing yourself in an overwhelming cologne. Remember, many colognes have an alcohol base so they CAN easily be confused with alcohol in some cases.

- Carl

Methinks pig gristle sinketh in the stew.

[gman23]

I only refused the breath test because I am tired of being pulled over and being accused of doing something illegal. After a half hour for waiting for an on-duty officer to come to the site where I was. Then after another hour of searching through my car and not finding anything. Then another half hour of answering questions on what I was doing earlier the day. They ask for a breath test because the officer couldnt charge me for anything else. Wouldn't you guys be tired of following procedures if you guys go through this whole procedure atleast twice a year? I am a graduate student and going for my MBA, but I am hispanic so I am always being accused of something. I am tired of being handcuffed and then let go because the officer says "he has probable cause." You guys obviously dont understand what I have been through all my life. I will ask for a JURY and hope JUSTICE is SERVED. I just know if an officer makes a probable cause assumption shouldnt there be another officer on site at the time in order for the court to believe the officer?